SAHODRA Vs. RAM BABOO

JUDGEMENT

(1.) The facts are set out in our Judgment, dated 5th May 1948, (A. I. R. (36) 1949 ALL. 49). We had remitted an issue to the lower Court for a finding. The issue was as follows: "Whether the property in dispute had been transferred to any person under the provisions of Sections 24, 25, 28 or 31 or bonds had been issued by the Collector to the creditors Under Sections 30 or 31, Encumbered Estates Act, before 24th February 1943, the date on which the application Under Section 11 was filed?"

(2.) The finding of the learned Special Judge is that the property in dispute had not been transferred to any person under the provisions of the sections mentioned in the issue. The learned Special Judge also found that bonds had not been issued by the Collector to the creditors Under Sections 80 or 31, Encumbered Estates Act, before 24th February 1943, the date on which the objector filed his objection Under Section 11.

(3.) The landlord, applicant has filed certain objections to these findings, Mr. Gopal Swarup Pathak on behalf of the landlord-applicant, Ram Babu, admitted that the property in dispute had not been transferred to any person under the provisions of Sections 24, 25, 28 or 31 and a similar admission was made in the lower Court. As regards bonds, the facts are admitted that on 11th February 1943, the final liquidation award was passed by the Collector who held that creditors Sri Niwas and Jugal Kishore and Bhawani Prasad would get bonds for the amounts mentioned by the Collector in the award. It is admitted that these bonds were given to one of the creditors on 6th May 1944, and to the other creditor on 22nd May 1944. Mr. Pathak has, however, urged that it was not necessary that the bonds should have actually been handed over to the creditors and the date of the final award should be taken to be the date on which the bonds were issued.